What are the grounds for divorce?
There are four grounds for divorce in the State of Indiana. One, irretrievable breakdown of the marriage. Two, conviction of either of the parties subsequent to the marriage of a felony. Three, impotence existing at the time of the marriage. And four, incurable insanity of either party for a period of at least two years.
To get divorced in New York, you need grounds, which means one of the legal reasons for divorce recognized in the Domestic Relations Law. (Unlike in many states, irreconcilable differences are not grounds for divorce here.) Essentially, New York has six grounds for divorce. Stated briefly, the six grounds are: 1. Abandonment for a year or more (actual or sexual). 2. Cruel and Inhuman treatment. 3. Living separate and apart pursuant to a written agreement for a year. 4. Living separate and apart pursuant to a separation judgment for a year. 5. Adultery. 6. Imprisonment for three years or more. Note: New York’s only true no-fault divorce ground is living apart under a signed separation agreement for one year.
Syrtash & Grunwald: In Canada there is only one ground for divorce: breakdown of the marriage. The most common way to establish a breakdown of the marriage is to prove that the spouses have lived apart (have been separated) for at least one year immediately before the divorce judgment is granted and were living separate and apart at the time the proceedings began. That is, if you are using one year of separation to establish the breakdown of the marriage you can’t begin the proceeding until after the spouses are already separated and can’t finalize it until at least one full year of separation. But you don’t have to wait a year of separation to get the proceedings started. From time to time one of the parties wants to get the divorce without waiting the year from date of separation. This can only be done if adultery or cruelty can be established. Usually raising one of these to show a breakdown of the marriage will cause more upset and aggravation than it is worth. If the other side si
A. There are three: a period of separation of greater than one year without the possibility of reconciliation (the most common ground); mental or physical cruelty by your spouse against you; or adultery by your spouse which has not been condoned or forgiven. Misconduct of a spouse (e.g., adultery) is usually not relevant when it comes to determining parenting, support or property division. Advancing a claim for divorce on the grounds of cruelty or adultery is uncommon where it is disputed since by the time a trial occurs for a judge to determine whether the allegation is true, the parties will have been separated for more than one year, making proof of the cruelty or adultery as a ground for the divorce unnecessary.
